Single Family Rental Yard Care Dispute

[David S.]

Hi, All. I have an SFR that is halfway through a one year lease. My lease stipulates that the tenants are to maintain the yard. It does not go into specifics as to what this entails. They have not been maintaining the yard well at all. Weeds have grown 8-10" tall, leaves are still on the ground from November/December. It appears the lawn has never been edge as the bermuda thatch is 3-4" over the concrete in places. The backyard is completely weeds. I tried to handle this over the phone, and the tenant stated he was "doing his best" and that my expectations were unreasonable. When I pointed out the weeds, he corrected me and informed me that they are "native grasses". He claims to be maintaining it more than he is, and I called him on it saying I had driven by the house weeks apart and seen no change. He then asked if I was "spying on him" (which he later stated really "creeped out" his wife). Our conversation (argument, really) on the phone was a month ago, and there has been no real change.

As I am interested in the condition of the property being maintained, I have offered to hire and pay for a yard service. I realize this is probably overly conciliatory, but I'd like the property to show well when I put it back on the market in 4 months (they will be leaving the state), and it will take a while to get the lawn back. I'm thinking of handling this in an addendum, though he stated that he does not want the hassle of more paperwork. He did not seem remotely appreciative of my offer.

This tenant has been resistant to my policies from the beginning, and seems to take any action on my part as aggressive. One thought I had was to have my wife handle meeting with both tenants (they are husband and wife) to sign the addendum and handle business moving forward. My wife is named on the lease, but did not sign it.

My current thought is to email over the addendum, and if they refuse to sign it to then give them a notice to comply or quit on the basis that they are in violation of the lease due to their neglect of the yard.

Any input is appreciated. Thanks in advance.

[Natalie Schanne]

David S. - you seem too emotional about your property's curb appeal. Please consider using your wife to communicate with this person.
1) Do nothing. No landscaping problems are irrevocable. If it looks trashy when you get it back in 4 months, then you can take it off their security deposit and have freshly mulched/mowed areas for the new people. (It won't show well until they've moved out though.)
2) If you want it maintained, it seems this person isn't willing to do it, so you can do it at your expense (but don't go crazy - tell them when the yard people are coming by - like once a month for $50-100). Don't deduct off sec deposit for this.
3) Send them a nice DATED letter with before pictures and current pictures of the house exterior. Remind them of xyz clause in lease and that requires the house exterior to be maintained in the before Condition. Include 2-3 contact numbers and bids from lawn companies (that you've researched), say any of these would satisfy the clause, and ask them to hire one for like $60/mo or $100/mo. Say the rent amount was discounted by $100-150/mo due to them signing clause xyz stating they'll manage the lawn. Tell them that you really appreciate them as good renters who take care of the house and you would hate for them to lose part of their security deposit for emergency lawn maintenance and fertilization to get it back to the before Condition after they move out.

Note:
I have yard maintenance to be done by the tenant in my rental agreement but tenants HATE doing it. I hired a neighborhood kid for $20 every 2-3 weeks and end up spending a few hours and $200 in craigslist helpers every fall raking leaves or trimming bushes. So next lease, build it into your rental rate and contract for a lawn care service.

(With caution, if they ask, offer the next tenant a partial / $25-50/mo discount every month he's willing to do it himself with your/his equipment. Make clear repercussions in the lease such like Rent is $1500 with $50 discount applicable to every month the tenant texts/emails a dated picture of the lawn by the 28th of the month and you OK. This is time intensive though).